Written Answers Monday 26 January 2009

Scottish Executive

Community Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, prior to the announcement on 24 October 2008 by Kenny MacAskill MSP of an additional £1 million of funding for these purposes, what discussions it had with each community justice authority on how to ensure that (a) offenders start their community service orders more quickly and (b) orders are completed in a shorter timescale.

Fergus Ewing: The chief officers of the community justice authorities (CJAs) have been represented on the project group which has been overseeing the revision of the National Objectives and Standards which provide the operational framework for criminal justice social work services, including community service orders.

  The CJAs, along with a range of other interested parties, were consulted in August 2008 on the final draft of the revised high level Standards, which include reference to early commencement of orders and speed of completion. The CJAs supported the revised standards.

Drug and Alcohol Misuse

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what action it intends to tackle repeat drink and drug-drivers.

Stewart Stevenson: A recent debate in the Scottish Parliament called for the lowering of the drink drive limit and the introduction of powers for the police to conduct random breath testing. We have written to the UK Government in support of these measures and will continue to press for a change to the relevant legislation. We firmly believe that these measures will help to tackle the problem of drinking and driving.

  Currently, legislation set by the UK Government includes more severe penalties for repeat offenders and we are considering, as part of the forthcoming road safety strategy, what further actions may be appropriate for repeat drink and drug drive offenders.

Fair Trade

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive what discussions it has had with the Welsh Assembly Government in respect of securing Fair Trade nation status.

Linda Fabiani: Scottish Government officials have had regular discussions with contacts in the Welsh Assembly Government regarding the issue of Fair Trade and securing Fair Trade Nation status.

  Additionally, both the Scottish and Welsh Fair Trade Forums engage on a regular basis and the Scottish Government officials continue to have regular discussions with the Scottish Fair Trade Forum to obtain an update on Fair Trade activities both in Scotland and Wales.

Fair Trade

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how many towns and cities have obtained Fair Trade status since 2004, broken down by year.

Linda Fabiani: All of Scotland’s six cities have achieved Fair Trade status. The breakdown by year is as follows:

  2004: four cities achieved Fair Trade status

  2006: two cities achieved Fair Trade status.

  In addition, there are many towns in Scotland that have also achieved Fair Trade status (towns in this context also includes islands and boroughs). The breakdown by year since 2004 is:

  2004: four towns achieved Fair Trade status

  2005: seven towns achieved Fair Trade status

  2006: eight towns achieved Fair Trade status

  2007: 11 towns achieved Fair Trade status

  2008: seven towns achieved Fair Trade status.

  Further details are available from the Fairtrade Foundation’s website at:

  http://www.fairtrade.org.uk/get_involved/campaigns/fairtrade_towns/towns_list.aspx.

Fire Service

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether it has power to intervene in the proposed closure of Parkhead fire station and, if so, whether it intends to.

Fergus Ewing: Primary responsibility for setting fire cover lies with Strathclyde Joint Fire Board. Under section 45 (1) of the Fire (Scotland) Act 2005 ministers may make a property and facilities order in circumstances where they consider it necessary for public safety purposes. Such an order may be used to give general or specific directions to a fire and rescue authority in respect of the use of property and/or facilities. Scottish ministers would only exercise their discretionary powers to intervene if it was clear that action by them was warranted in line with the statutory tests. Ministers currently have no plans to intervene in respect of Parkhead fire station.

Flooding

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive whether any meetings are scheduled with local authorities to discuss the issue of flooding.

Michael Russell: The Scottish Government held a seminar in Stirling in December to update local authorities on the Flood Risk Management (Scotland) Bill and, together with local authorities and others, are supporting a flood risk management conference in Glasgow in February. The Scottish Government is happy to meet any local authority at short notice to discuss flooding issues. For example, I met Scottish Borders Council on 11 September to discuss issues arising from the flooding event of the previous weekend.

Healthy Living

Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive what support it provides to healthy living centres.

Shona Robison: The Scottish Government established a transition fund of up to £2.5 million in February 2008 to help those healthy living centres at risk of closure, due to funding shortfalls as a result of the ending of their Big Lottery funding, to maintain their activities while they sought to achieve a long term sustainable future. The transition fund is administered by health boards.

  To date, 22 January 2009, 23 healthy living centres have received a total of £1,922,137.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive whether it will confirm that the net effect of the 2008-09 Housing Association Grant assumptions will be a requirement for around an extra £10,000 private loan per unit.

Stewart Maxwell: Recent proposals for change to the standard Housing Association Grant (HAG) assumptions and allowances used when calculating subsidy reflect the actual performance reported by associations.

  The effect of changes to the HAG assumptions will vary from project to project. For schemes being approved in 2008-09, the average expected impact is a reduction in grant of around £10,000. Registered Social Landlords (RSLs) can meet this, in whole or in part, from borrowing or from their own resources.

  These changes will enable us to approve up to 500 more houses than we would have been able to under the 2007-08 assumptions.

Local Government Finance

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive whether conditions are attached to the capital city supplement in relation to what it can be spent on and, if so, what they are.

John Swinney: Subject to approval of the Parliament to the Scottish Government’s Budget Bill and the Local Government Finance Order for 2009-10, the additional funding for the capital city supplement will be included within the general revenue grant provided to the City of Edinburgh Council and will therefore be subject to the same conditions as apply to that general revenue grant.

Planning

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive whether it plans to review the consultation process that took place on National Planning Framework for Scotland 2: Discussion Draft .

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will review National Planning Framework for Scotland 2: Discussion Draft to ensure that the National Standards for Community Engagement and participation objectives described in Preparation of the Second National Planning Framework: Participation Statement are achieved.

Stewart Stevenson: The consultation that has taken place has been within the context of the National Planning Framework Participation Statement, as required by the Planning Act and which is the first of its kind in Scotland.

  The government considers that it has conformed with its participation aims and objectives in the preparation of the framework and has learned some valuable lessons which can be used to inform the preparation of NPF3 and similar exercises of this nature.

  The government’s actions in seeking to fulfil its participation objectives in the preparation of the NPF2 can be found in the NPF2: Participation Statement Interim Conformity Report as posted on the Scottish Government’s NPF website at:

  http://www.scotland.gov.uk/Topics/Built-Environment/planning/National-Planning-Policy/themes/npf/NPF-PS.

Planning

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive whether it considers that National Planning Framework for Scotland 2: Discussion Draft promotes better and earlier public participation in the planning system as set out in Planning Advice Note PAN 81: Community Engagement - Planning with People .

Stewart Stevenson: The Scottish Government considers that it has encouraged interest and wide public participation in the preparation of the second National Planning Framework.

  I refer the member to the answer to question S3W-19700 on 26 January 2009, which explains that further information regarding participation in the preparation of the National Planning Framework is set out in the NPF2: Participation Statement Interim Conformity Report which is available on the government’s NPF website at: http://www.scotland.gov.uk/Topics/Built-Environment/planning/National-Planning-Policy/themes/npf/NPF-PS.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Planning

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive what further consultation is carried out when pre-application consultations are deemed inadequate.

Stewart Stevenson: There are currently no statutory requirements for prospective developers to undertake pre-application consultation on development proposals. The government’s proposals for such consultation with communities are contained in the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 which were laid in Parliament on 23 December 2008 and are currently subject to parliamentary scrutiny.

  Applications for planning permission are subject to the consultation arrangements set out in the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. Applications may also be subject to additional consultation as set out in Directions issued by the Scottish ministers.

Planning

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive what subsequent consultation will be carried out on National Planning Framework for Scotland 2: Discussion Draft to ensure maximum community engagement as set out in Planning Advice Note PAN 81: Community Engagement - Planning with People .

Stewart Stevenson: The NPF2: Discussion Draft had a 12 week consultation which included a programme of regional discussion seminars and meetings with stakeholders. Following revisions to the framework, a Proposed NPF was laid before the Scottish Parliament which is currently being considered by the relevant committees.

  I refer the member to the answer to question S3W-19700 on 26 January 2009, which explains that further information regarding participation in the preparation of the National Planning Framework is set out in the NPF2: Participation Statement Interim Conformity Report which is available on the government’s NPF website at:

  http://www.scotland.gov.uk/Topics/Built-Environment/planning/National-Planning-Policy/themes/npf/NPF-PS.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Rail Network

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive when it will report to the Parliament with draft proposals for reinvesting the £73.1 million accrued through the ScotRail franchise extension.

Stewart Stevenson: The ScotRail franchise extension secured £73.1 million for reinvestment in the railways through a number of Priced Options as outlined in the franchise amendment agreement.

  A consultation exercise into how best the Priced Options can be implemented has recently ended. A report on the consultation findings will be made available to Parliament when analysis of the responses has been completed.

Renewable Energy

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive what plans it has to provide additional funds under the Marine Energy Fund, which was announced by the then Deputy First Minister on 24 October 2006, beyond the £13.15 million confirmed by 2 February 2007.

Jim Mather: The Scottish Government currently has no plans to extend the Wave and Tidal Energy Support Scheme (WATES) which is fully subscribed.

  However, the recently reconvened Forum for Renewable Energy Development in Scotland (FREDS) Marine Energy Group will consider and make recommendations regarding future funding for the marine renewables sector. These recommendations will feed into a high level Road Map which will address the development of the marine sector. This is due to be launched early this year.

  We also intend to introduce in April, the most generous revenue support in the UK through the Renewables Obligations legislation for commercially deployed marine renewable energy projects. Five Renewable Obligation Certificates would be available for wave and three Renewable Obligation Certificates for tidal. At present one Renewables Obligation Certificate is available for both wave and tidal technologies.

  The £10 million Saltire Prize launched on 2 December 2008 also exists to encourage the development of marine renewable technologies.

Renewable Energy

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive which of the funds it administers are specifically allocated to support the development of marine renewables and what the likely value is of each of these funds to marine developers over the current comprehensive spending review period.

Jim Mather: The £13 million Wave and Tidal Energy Support Scheme (WATES) is fully subscribed and has awarded grants to eight wave or tidal developers.

  We also intend to introduce in April, the most generous revenue support scheme in the UK through the Renewables Obligations legislation for commercially deployed marine renewable energy projects. Five Renewable Obligation Certificates would be available for wave and three Renewable Obligation Certificates for tidal. At present one Renewables Obligation Certificate is available for both wave and tidal technologies. Given the nature of this support (income generation dependent on renewable electricity produced) it is impossible to quantify the value of the support at this stage.

  The recently reconvened Forum for Renewable Energy Development in Scotland (FREDS) Marine Energy Group will consider and make recommendations regarding future funding for the marine renewables sector through a Roadmap which will be published early this year.

Road Safety

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what lessons it has learnt following the Festive Road Safety Campaign for 2008.

Stewart Stevenson: Figures provided by the Association of Chief Police Officers in Scotland (ACPOS) indicate that there were 610 positive or refused breath tests during the period of the recent Festive Safety Campaign. Although this represents a welcome reduction of 23% compared with the previous year, it is clear that there are still those who are ignoring messages about drinking and driving. The figures for the recent campaign reinforce our approach which is to target drink-drive publicity particularly at male drivers, particularly those under 25 years.

  Scottish police forces are considering the introduction this year of new Data Enabled Breath Screening Devices, which are being provided by the UK Department for Transport (DFT). The device will provide full roadside screening which can be used as evidence in a prosecution, without the need for a further test. If accepted by ACPOS, as part of the agreement with DFT, police forces will record negative breath tests, which will provide more comprehensive information about drink-driving.

Road Safety

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what action it proposes to reduce the number of people drink and drug-driving in 2009.

Stewart Stevenson: Through Road Safety Scotland (RSS), we will continue to support the Association of Chief Police Officers in Scotland (ACPOS) enforcement campaigns focussing on drink and drug-driving. We will also look for further opportunities to raise public awareness of drink and drug-driving issues.

  Road Safety Scotland is currently looking at the best way to tackle the problem of drug-driving. Current research will inform future publicity initiatives on this issue.

  We will continue to build on innovative publicity and education tools such as Crash Magnets, which aims to encourage responsible attitudes to driving before young people get behind the wheel.

  We will also continue our joint approach to this issue between RSS and ACPOS, which includes two main campaigns, one in summer and one at the festive season, with additional media campaigns and publicity on billboards, radio and the internet.

Road Safety

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, following the Festive Road Safety Campaign for 2008, how it intends to maintain the momentum of the campaign and dissemination of its message.

Stewart Stevenson: Through Road Safety Scotland, we intend to keep the drink and drug-driving message in the public domain through partnerships with the private sector; publicity materials; editorial platforms, and advertising in support of national enforcement campaigns run by the Association of Chief Police Officers.

  We will continue to use innovative methods of passing road safety messages to target audiences. In a recent world first, the X-Box live gaming environment was used to geographically target drink drive messages at Scotland-based gamers. A Facebook page was also created, during the festive campaign, which provided information about the consequences of drink-driving for a fictitious character – Norman Naemates.

Roads

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive whether it is satisfied that the existing A82 trunk road through Inverness and connecting to the A9 is adequate for current circumstances and for projected traffic growth up to 2020.

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive what the projected traffic growth forecasts are for the A82 through Inverness for the period up to 2020.

Stewart Stevenson: The recently published Strategic Transport Projects Review has recommended 29 nationally strategic transport interventions over the next 20 years that will let us plan for the delivery of an efficient, integrated transport network fit for the 21st century.

  Transport Scotland continually monitors the trunk road network to ensure that it is operating effectively at a local level. However, as with other parts of the network, during week day peak periods congestion can occur between the A82 and A9.

  Analysis within the STPR demonstrates that the A96 corridor currently carries up to 17,300 vehicles per day, whereas the A82 is only up to some 6,900 vehicles per day.

  Peak-time congestion is experienced on the A9, A96 and A82 routes into Inverness. During the summer, tourist traffic also results in increases in congestion.

  In addition to the higher levels of existing traffic, the recommended link between the A9 and A96 within the STPR recognises the significant expansion proposals to the east of the city.

Roads

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what budget has been allocated to the proposed upgrading of the Dalry bypass.

Stewart Stevenson: The Strategic Transport Projects Review (STPR) has recommended 29 nationally strategic transport schemes over the next 20 years that will let us plan for the delivery of an efficient, integrated transport network fit for the 21st century.

  Project 22 within the STPR is a nationwide project targeting road congestion and environmental impact factors, surrounding specific locations around the trunk road network including the A77, A720, A96 and the A737.

  One of the examples within this project is a bypass on the A737 at Dalry and the Scottish ministers, through Transport Scotland, will develop this and other suitable schemes as resources and the STPR’s wider priorities allow.

  The STPR is not a funding document however the cost estimate for the delivery of the package of measures within Project 22 is £100 to £250 million.

Roads

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive when it anticipates that work will begin on the proposed upgrading of the Dalry bypass.

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive when it expects work to be completed on the proposed upgrading of the Dalry bypass.

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive when plans detailing the proposed upgrading of the Dalry bypass will be released.

Stewart Stevenson: The Forth replacement crossing is the strategic transport priority for Scotland. Until it is open in 2016, it will dominate the Scottish Government’s investment programme.

  Alongside the Forth, the Edinburgh to Glasgow improvements programme and improvements to the Highland Mainline will be progressed.

  Further projects will be delivered in accordance with our investment hierarchy of maintaining and safely operating the network, making best use of our existing network and targeted infrastructure improvements.

  These projects will be subject to more detailed development and design, including where necessary any essential statutory processes, to inform future investment programmes.

Scottish Government Finance

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive whether it will provide a breakdown of the £6.8 million increase under the support for ferry services heading in Scotland’s Budget Documents 2009-10: Budget (Scotland) Bill Supporting Document for the year ending 31 March 2010.

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive whether it will provide a breakdown of the £9.2 million capital spend under the vessels and piers heading in Scotland’s Budget Documents 2009-10: Budget (Scotland) Bill Supporting Document for the year ending 31 March 2010 .

Stewart Stevenson: The Scottish Government does not publish figures below those detailed in the budget documents you refer to. However, the increase in budget provision between 2008-09 and 2009-10 is necessary to maintain the level of service on lifeline ferry services in Scotland. This in line with the Scottish Government commitment to support lifeline ferry services to promote sustainable economic growth in our remote and island communities.

  In addition, I refer you to the Cabinet Secretary’s response of 7 January 2009 to the conclusions and recommendations of the Finance Committee 7th report, 2008 (session 3) Stage 2 of the 2009-10 budget process.

Small Businesses

George Foulkes (Lothians) (Lab): To ask the Scottish Executive what the start-up costs of the Small Business Bonus Scheme were; how they were calculated, and what the total cost of the scheme will be over the course of the current spending review period.

Jim Mather: The projected cost of the Small Business Bonus Scheme in 2008-09, following its introduction in April 2008, is currently estimated at around £70 million. A final figure will not be available until later this year. The estimate was based on the number of eligible business properties and the expected take-up. The total cost of the scheme over the full spending review period will not be known until after the end of the period.

Small Businesses

George Foulkes (Lothians) (Lab): To ask the Scottish Executive what targets it has set for the growth of small businesses over the course of the current spending review period.

Jim Mather: The Scottish Government’s targets are for the whole economy of which small businesses form a very material part and that target is to converge on the UK growth rate by 2011.

Small Businesses

George Foulkes (Lothians) (Lab): To ask the Scottish Executive what targets it has set for the growth of employment in small businesses over the course of the current spending review period.

Jim Mather: The Scottish Government’s targets are for the whole economy of which small businesses form a very material part and that target is to converge on the UK growth rate by 2011. We do not have a specific target for jobs but continue to monitor labour participation rates.

Social Care

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive what it is doing to ensure fair, consistent and transparent charging policies for community care.

Shona Robison: Charging policies for residential care are provided for in legislation. The Scottish Government publishes annual guidance for local authorities, the Charging for Residential Accommodation Guidance , which clearly sets out how local authorities should treat assets, capital and income when undertaking a financial assessment for the purposes of calculating charges.

  It is for local authorities to decide their charging policies for non-residential care, in keeping with local accountability. COSLA issued updated guidance on charging for non-residential care in January 2006, with the aim of promoting more consistent approaches across local authorities, and recently established a review group to look at the effectiveness of the guidance. The Scottish Government is represented on the review group.

Social Care

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive what it is doing to ensure that information on charges and financial assessments for people who use community care services is clear and accessible.

Shona Robison: The Scottish Government has a range of measures in place to ensure that information on charges and financial assessments is clear and accessible, including:

  Publishing annually the Charging for Residential Accommodation Guidance. As well as setting out the charging rules, this guidance says that local authorities must ensure that the resident is given a clear explanation of how the assessment of ability to pay has been carried out;

  Publishing the Thinking about Moving into a Care Home booklet, which includes details of how a financial assessment is carried out, and

  Setting National Care Standards that require care services to provide information on charges and what they cover.

  The Scottish Government is also in the process of establishing Care Information Scotland. That will bring together in one place all the information about community care for older people, including information on charges and financial assessment. The information service will consist of a website and helpline and will go live later this year.

Student Loans

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive what it would cost to extend the Young Students’ Bursary scheme to (a) independent young students and (b) mature students using the scheme’s current income thresholds.

Fiona Hyslop: We have costed how much it would cost to extend YSB to independent students and this is set out in the consultation paper as option 1b. The consultation paper does not consider the option of extending the Young Student’s Bursary scheme to (a) independent young students and (b) mature students using the scheme’s current income thresholds. As a result, no costings have been prepared. These would be prepared in due course if the Scottish Government decided to examine those options in more detail, based on the responses we receive to the consultation.

Student Loans

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-19181 by Fiona Hyslop on 15 January 2009, whether the recent decision to uprate student loans by 2.6% to maintain their real-terms value required negotiations with HM Treasury due to the budgetary implications; if so, what discussions took place and what the outcomes were, and, if not, for what reasons discussions were not considered to be required.

Fiona Hyslop: No negotiations with HM Treasury were required in the recent decision to uprate student loans by 2.6%. This is because the uprating figure of 2.6% is based on the Treasury’s mid-May forecasts of the rise in RPI-x during the calendar years 2009 and 2010. These figures are published in the Treasury document: Forecasts for the UK economy – A Comparison of Independent Forecasts , which is available at www.hm-treasury.gov.uk/d/200805forcomp.pdf .

Taxation

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive, further to the answer to question S3O-5488 by Nicola Sturgeon on 15 January 2009, what changes to the VAT rules other than the reduction of the standard rate will affect NHS Grampian.

Nicola Sturgeon: In common with all of NHSScotland, NHS Grampian will be affected by changes to be made to the rules by which NHS bodies can reclaim VAT charged in respect of agency staff working within NHSScotland.

  The rules were previously changed for 2008-09 to remove the ability for NHS bodies to reclaim VAT on agency fees for medical staff. This is being further restricted in that NHS bodies will no longer be able to reclaim VAT on any other agency staff except for nursing from 2009-10. These restrictions may have a more significant impact with the additional change in respect of the removal from 1 April 2009 of a concession granted by HMRC that currently allows employment businesses to exclude the wages element from the calculation of VAT on the charges they make.

Waste Management

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what sanctions will apply if it does not incorporate the EU waste framework directive of 20 October 2008 into national legislation within two years of its publication.

Richard Lochhead: Immediately, none. In order to apply sanctions the European Commission would have to obtain first a judgment from the European Court of Justice in Article 226 proceedings that the revised Waste Framework Directive had not been properly applied in Scots law, and only subsequently obtain a judgment in Article 228 proceedings that a financial penalty should be applied.

  The penalty the European Court of Justice may apply at the conclusion of Article 228 proceedings is, within various parameters, a matter for that Court, but may consist of either a lump sum or a daily fine until compliance is achieved, or both.